20 March, 2014

Iraq - Al Sweady Inquiry - update

"To investigate and report on the allegations made by the
claimants in the Al- Sweady judicial review proceedings against British
soldiers of (1) unlawful killing at Camp Abu Naji on 14 and 15 May 2004,
and (2) the ill-treatment of five Iraqi nationals detained at Camp Abu
Naji and subsequently at the divisional temporary detention facility at
Shaibah Logistics Base between 14 May and 23 September 2004, taking
account of the investigations which have already taken place, and to
make recommendations".

Public Interest Lawyers who act for the Iraqi Core Participants in
the Inquiry have today (Thursday 20 March 2014) made a statement that
they will not submit that, on the balance of probabilities, live Iraqis
captured during the course of the battle on 14 May 2004 died or were
killed at Camp Abu Naji. Following the conclusion of the majority of the
military evidence and current state of disclosure of MoD material, they
contend that there is insufficient material to establish that Iraqi
civilians were unlawfully killed whilst in the custody of British troops
at Camp Abu Naji. The allegations of mistreatment of Iraqi civilians in
British custody remain.

It is for the Chairman to reach all conclusions and he will detail
findings of fact in his report. In so doing he will draw on all the
evidence he has seen and heard, including the statement made today by
the legal representatives for the Iraqi Core Participants.

The Inquiry continues and will hear closing submissions from Core Participants on 16 April 2014.
Thereafter, the Chairman will write his report.

The Inquiry will hear oral closing submissions from Core Participants
on Wednesday 16 April 2014 at 9.30am. Written submissions will be
published to the website on the day. In addition, the Chairman had
indicated that Core Participants have the liberty, if so advised, to
lodge a further written round of closing submissions by 30 April 2014.

About Me

I live in Greater Manchester but spend as much time as possible in N. Yorkshire. Politically, closest to the Lib Dems than any other! Life long interest in law about which there is much misinformation and misunderstanding. My blog seeks to look at topical items and their complexities and tries to explain things in a straightforward way. Obiter means "by the way" and my posts are "by the way." I hope that the posts are responsible, balanced and informative but it is for you, the reader, to make up your own mind. I do not seek to persuade you. At all times I will try to speak for fairness - Pro Aequitate Dicere.